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Union Calendar No. 462 

118TH CONGRESS 

2D SESSION H. R. 897 

[Report No. 118–560] 

To provide for the establishment of the Alabama Underwater Forest National 

Marine Sanctuary, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2023 

Mr. CARL (for himself, Mr. GRAVES of Louisiana, Ms. SEWELL, and Mr. 

MOULTON) introduced the following bill; which was referred to the Committee on Natural Resources 

JUNE 27, 2024 

Additional sponsors: Mr. Wittman, Mr. Doggett, and Mr. Jackson of North 

Carolina 

JUNE 27, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 9, 2023] 


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A BILL 

To provide for the establishment of the Alabama Underwater 

Forest National Marine Sanctuary, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alabama Underwater 

5 Forest National Marine Sanctuary and Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) An ancient cypress forest dating back 50,000 

9 to 70,000 years has been exposed in the Gulf of Mex10 ico off the Alabama coastline. 

11 (2) The cypress trees, which were uncovered by 

12 massive waves associated with Hurricane Ivan, are 

13 still rooted in the mud they were growing in at least 

14 50,000 years ago. 

15 (3) The Underwater Forest site is unique on a 

16 global scale, the only known site where trees between 

17 50,000 and 70,000 years old have been preserved in18 tact with the ecosystem they were growing in. 

19 (4) Exploration of the site continues to yield in20 valuable scientific insight in a variety of fields, 


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1 though scientists have just begun to study the ancient 

2 forest. 

3 SEC. 3. POLICY AND PURPOSE. 

4 (a) POLICY.—It is the policy of the United States to 

5 protect and preserve the ancient cypress trees located off the 

6 coast of Alabama, known as the Alabama Underwater For7 est. 

8 (b) PURPOSE.—The purpose of this Act is to protect 

9 the resources of the area described in section 5(b), to educate 

10 and interpret for the public regarding the ancient Alabama 

11 Underwater Forest environment, and to manage human 

12 uses of the Alabama Underwater Forest National Marine 

13 Sanctuary consistent with this Act. 

14 SEC. 4. DEFINITIONS. 

15 In this Act— 

16 (1) SANCTUARY.—The term ‘‘Sanctuary’’ means 

17 the Alabama Underwater Forest National Marine 

18 Sanctuary designated under section 5(a). 

19 (2) SECRETARY.—the term ‘‘Secretary’’ means 

20 the Secretary of Commerce. 

21 SEC. 5. SANCTUARY DESIGNATION. 

22 (a) DESIGNATION.—The area described in subsection 

23 (b) is designated as the Alabama Underwater Forest Na24 tional Marine Sanctuary pursuant to title III of the Marine 


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1 Protection, Research, and Sanctuaries Act of 1972 (16 

2 U.S.C. 1431 et seq.). 

3 (b) AREA INCLUDED.— 

4 (1) IN GENERAL.—The Sanctuary shall consist 

5 only of all waters and submerged lands within the 

6 boundary described in paragraph (2). 

7 (2) BOUNDARY.—The boundary referred to in 

8 paragraph (1) shall encompass only the area within 

9 the following coordinates: 

10 (A) 30 degrees, 7 minutes, 20.2116 seconds 

11 north latitude; 87 degrees, 49 minutes, 15.7404 

12 seconds west longitude. 

13 (B) 30 degrees, 7 minutes, 20.2116 seconds 

14 north latitude; 87 degrees, 43 minutes, 44.8536 

15 seconds west longitude. 

16 (C) 30 degrees, 5 minutes, 42.6552 seconds 

17 north latitude; 87 degrees, 49 minutes, 15.7404 

18 seconds west longitude. 

19 (D) 30 degrees, 5 minutes, 42.6552 seconds 

20 north latitude; 87 degrees, 43 minutes, 44.8536 

21 seconds west longitude. 

22 (E) 30 degrees, 7 minutes, 20.2116 seconds 

23 north latitude; 87 degrees, 49 minutes, 15.7404 

24 seconds west longitude. 


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1 (3) CHARTS.—The Sanctuary shall be generally 

2 identified and depicted on National Oceanic and At3 mospheric Administration charts that shall be main4 tained on file and kept available for public examina5 tion during regular business hours at the Office of 

6 Ocean and Coastal Resource Management of the Na7 tional Oceanic and Atmospheric Administration and 

8 in online format and which shall be updated to reflect 

9 boundary modifications made pursuant to this sec10 tion. 

11 SEC. 6. PROHIBITION OF CERTAIN USES. 

12 (a) PROHIBITED ACTIVITIES.—The following activities 

13 are prohibited and are unlawful for any person to conduct 

14 or to cause to be conducted within the Sanctuary: 

15 (1) Cutting, removing, or any kind of subsurface 

16 salvage of the cypress trees. 

17 (2) Lowering below the surface of the water any 

18 grappling, suction, conveyor, dredging, or wrecking 

19 device. 

20 (3) Detonating below the surface of the water 

21 any explosive or explosive mechanism. 

22 (4) Drilling or coring the seabed. 

23 (5) Lowering, laying, positioning, or raising any 

24 type of seabed cable or cable-laying device. 

25 (b) EXCEPTIONS.— 


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1 (1) IN GENERAL.—The prohibitions in subsection 

2 (a) shall not apply to the following: 

3 (A) Fishing, diving, mooring, or similar 

4 recreational or commercial activities. 

5 (B) Necessary operations of public vessels, 

6 including operations essential for national de7 fense, law enforcement, and responses to emer8 gencies that threaten life, property, or the envi9 ronment. 

10 (C) Construction or placement of artificial 

11 reef structures for the purpose of enhancing fish12 ery resources, fishing opportunities, or rec13 reational diving opportunities. 

14 (D) Exploration, development, or produc15 tion of oil or gas pursuant to a lease, permit, or 

16 other authorization, provided such lease, permit, 

17 or authorization is issued on or before the date 

18 of the enactment of this Act. 

19 (2) OTHER ACTIVITIES.—The Secretary, acting 

20 through the Director of the Office of National Marine 

21 Sanctuaries, may allow a person to conduct an activ22 ity that would otherwise be prohibited under sub23 section (a) if such activity meets the standards of 

24 Title III of the Marine Protection, Research, and 


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1 Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), as 

2 determined by the Secretary. 

3 SEC. 7. COMPREHENSIVE MANAGEMENT PLAN. 

4 (a) PREPARATION OF PLAN.— 

5 (1) IN GENERAL.—Not later than 2 years after 

6 the date of the enactment of this Act, the Secretary, 

7 in consultation with appropriate Federal, State, and 

8 local government authorities and with the advisory 

9 council established under section 8, shall develop a 

10 comprehensive management plan and implement reg11 ulations to achieve the policy and purpose of this Act. 

12 (2) APPLICABLE LAW.—In developing the com13 prehensive management plan and implementing regu14 lations under paragraph (1), the Secretary shall fol15 low the procedures described in sections 303 and 304 

16 of the Marine Protection, Research, and Sanctuaries 

17 Act of 1972 (16 U.S.C. 1433 and 1434). 

18 (3) PLAN DETAILS.—The comprehensive manage19 ment plan required under paragraph (1) shall— 

20 (A) facilitate all public and private uses of 

21 the Sanctuary compatible with the primary ob22 jective of Sanctuary resource protection, with a 

23 focus on facilitating— 

24 (i) fishing, diving, or similar rec25 reational or commercial activities; and 


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1 (ii) construction or placement of artifi2 cial reef structures for the purpose of en3 hancing fishery resources, fishing opportu4 nities, or recreational diving opportunities; 

5 (B) consider temporal and geographical 

6 zoning, to ensure protection of Sanctuary re7 sources; 

8 (C) identify needs for research and ecologi9 cal monitoring; and 

10 (D) ensure coordination and cooperation be11 tween Sanctuary managers and— 

12 (i) other Federal, State, and local au13 thorities with jurisdiction within or adja14 cent to the Sanctuary; and 

15 (ii) owners, operators, and stakeholders 

16 with respect to existing oil and gas oper17 ations within or adjacent to the Sanctuary. 

18 (b) PUBLIC PARTICIPATION.—The Secretary shall pro19 vide for the participation of the general public in the devel20 opment of the comprehensive management plan. 

21 SEC. 8. ADVISORY COUNCIL. 

22 (a) ESTABLISHMENT.—The Secretary shall establish 

23 an advisory council pursuant to section 315 of the Marine 

24 Protection, Research, and Sanctuaries Act of 1972 (16 


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1 U.S.C. 1445a) to advise the Secretary with respect to the 

2 designation and management of the Sanctuary. 

3 (b) MEMBERSHIP.—The Secretary shall include a rep4 resentative from the Alabama Department of Conservation 

5 and Natural Resources as a voting member of the advisory 

6 council. 


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Union Calendar No. 462 

118TH CONGRESS 

2D SESSION H. R. 897 

[Report No. 118–560] 

A BILL 

To provide for the establishment of the Alabama 

and for other purposes. Underwater Forest National Marine Sanctuary, 

JUNE 27, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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